No. 505088. January 8, 2009. Appeal from an order of the Supreme Court (Teresi, J.), entered July 3, 2008 in Rensselaer County, which granted plaintiff's' motion to hold defendant in civil contempt. Murphy, Burns, Barber Murphy, L.L.P., Albany (Peter G. Barber of counsel), for appellant. Couch White, L.L.P., Albany (Melanie J. LaFond of counsel), for respondents. Before: Mercure, J.P., Rose and Kane, JJ. Malone Jr., J. plaintiff's and defendant are owners of adjacent properties located in the Town
No. 2007-02603. March 18, 2008. In an action, inter alia, for a judgment pursuant to RPAPL article 15 declaring, among other things, that certain deeds conveying certain real property are null and void, the plaintiff appeals from an order of the Supreme Court, Queens County (Rosengarten, J.), entered March 5, 2007, which denied those branches of his motion which were for summary judgment on the third cause of action for an accounting and for summary judgment declaring, inter alia, that his mother
No. CA 10-00127. June 11, 2010. APPEAL from an order of the Surrogate's Court, Oswego County (John J. Elliott, S.), entered August 25, 2009. The order, insofar as appealed from, denied that part of the petition seeking approval of a supplemental needs trust. Harris Beach PLLC, Buffalo ( Colleen E. Buonocore of counsel), for appellant. Kevin C. Caraccioli, Mexico, for respondent. Before: SCUDDER, P.J., PERADOTTO, LINDLEY and GORSKI, JJ. OPINION OF THE COURT GREEN, J. Petitioner, as administratrix
No. 506884. October 22, 2009. Appeal from an order of the Supreme Court (McDonough, J.), entered February 11, 2009 in Albany County, which, in a proceeding pursuant to Executive Law § 632-a (3), denied respondent's motion to compel the Comptroller to pay him a portion of the net proceeds of a settlement. Franzblau Dratch, P.C., New York City (Brian M. Dratch of counsel), for appellant. Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for respondent. Before: Peters, J.P., Rose,
Nos. 2723, 2724. May 6, 2010. Order, Surrogate's Court, New York County (Troy K. Webber, S.), entered on or about November 9, 2009, which, upon reargument, adhered to a prior order (Renee R. Roth, S.), entered on or about December 1, 2008, granting petitioners' motion for summary judgment determining that certain real estate and its contents were estate assets, unanimously reversed, on the law and the facts, without costs, and the motion for summary judgment denied. Appeal from the prior order unanimously
April 9, 1984 Appeal from the Queens County Surrogate's Court, Louis D. Laurino, S. James P. Hoopes ( Mary B. Starr of counsel), for appellant. White Case ( Burton T. Ryan and Christopher B. Roberts of counsel), for respondents. TITONE, J.P. In this proceeding commenced by the executors of the estate of Patrick James Carroll to discover property (SCPA 2103), Richard Bruce Carroll, one of the decedent's sons, appeals from so much of a decree of the Surrogate's Court, Queens County, as determined that
May 27, 1994 Appeal from the Niagara County Surrogate's Court, Hannigan, S. Present — Green, J.P., Pine, Balio, Callahan and Boehm, JJ. Decree modified on the law and as modified affirmed without costs and matter remitted to Niagara County Surrogate's Court for further proceedings in accordance with the following Memorandum: The record supports the jury's verdict that decedent's will was procured by the undue influence exercised by proponent (see generally, Matter of Walther, 6 N.Y.2d 49; Matter
May 17, 1978 Golenbock Barell (Robert M. Birnbaum of counsel), for movant. Feder, Kaszovitz Weber (Alvin M. Feder of counsel), for respondents. BERTRAM R. GELFAND, S. This is an application by the successor fiduciary to stay respondents from taking further steps to execute against the estate assets in order to collect sums due to the respondent pursuant to a decree of this court entered on May 13, 1977. Movant also seeks to vacate an execution heretofore made and direct the return to the estate of